Ccjs obtained long after leaving the uk.

[dooglemire]

I have just made the discovery that I have 2 ccjs against me from 2016 totalling circa 20k.

I left the uk in 2014

 

1 a credit card that I had been fighting hsbc with as there was no agreement this had been in dispute since 2009 and I believe likely statue barred before the ccj date. This has grown dramatically from a debt of around 11k to over 17k on the judgement.

 

2 an catalogue debt that is around 4K not likely to have been statue barred before the judgement date.

These were obtained by using my last uk address.

 

We are now having thoughts of returning to the Uk but what happens when I return?

The hsbc debt had ppi on that I have never reclaimed it would be a large amount by now I would have thought.

Do I need to attempt to get these set aside?

We would be moving to Scotland but these debt were in England if that matters?

Can anyone help please?

Edited September 7, 2018 by dx100uk
spacing

[renegadeimp]

Did you update the lender / DCA with your new address? If not, then its fully legal to serve proceedings on your last known address.

[unclebulgaria67]

They can use last known UK address, if you never informed them of a different address.

 

If you applied to set aside, there could be a court hearing you need to attend, where you would have to have grounds about the debt being due.

 

Wait until you return to the UK and they catch up with you. As soon as you return, your UK credit record address will no doubt be updated alerting the debt owners, who will then chase you.

Edited September 7, 2018 by dx100uk
quote

[dx100uk]

the HSBC debt would have been statute barred when the claim was issues

re

https://www.consumeractiongroup.co.uk/forum/showthread.php?178653-178653&p=1962539#post1962539

 

so you can set that one aside when you settle down.

 

as for the cat debt what was it?

when did you last pay that

and when was the CCJ gained

 

moving to Scotland means nowt as the agreements where taken out whilst resident in England?

[dooglemire]

Iirc with the hsbc debt they admitted to having no agreement and I think they sent a reconstituted one which I was advised at the time wasn’t enforceable in the slightest this was back in early 2010

 

I’m certain payments stopped in late 2008 early 2009 at the latest so this was statue barred I believe a good year before the ccj was obtained.

 

Hsbc sold the debt on.

I’m confused as to why it has gone up over 6k as well.

 

Perhaps if we return I should just go bankrupt!

[dx100uk]

no need to go BK

the debt was already set SB guaranteed win but it will cost you £255 for the set aside that you MIGHT be able to get back

 

the cat debt is the important one

ans post 4 please

[dooglemire]

Ok post 4

Last payment can’t remember likely early 2013, it was for fashion world we fell out as they agreed to freeze interest then didn’t. If I remember rightly there cca was enforceable. The ccj was acquired in 2016 it will not have been statue barred it does not seem to be loaded with charges like the hsbc one.

 

Would my next step to be to find out the details of the judgement? I don’t think I’m able to check my credit file from abroad.

Thank you for the help.

[dx100uk]

don't think it will help you at this stage to know the details of the CCJ

not a lot you can do about if you didn't inform fashion world you'd moved abroad.

[dooglemire]

The catalogue is probably manageable not ideal to still have a ccj though. Honestly couldn’t say if I informed them of change of address we have managed to deal with most of our debt while over here hsbc I thought was dealt with and I forgot about this one.

 

How would I prove to the courts that the hsbc debt was statue barred?

 

Actually would I be going down the unenforceable cca route as well? Is that still an option?

I have found my original thread with the cca on it.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?253091-DCA-advice-please-HSBC

[dx100uk]

so you've had multiple username

they should be merged

are there any others?

 

as for hsbc, just sar them

you'll get the statements

that will show last payment date....easy.

paperwork un en is no longer valid CCJ trumps that but not it being SB

 

your issue is the cat debt.

poss sar too and prove you did tell the OC of your new address

and if you did it was abtained by the CA whilst they knew you were abroad..could make it null and void